 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Mobile Infirmary Mudical Center v. Hodgen10/31/2003
erdict for Mobile Infirmary. At a later point in the hearing, addressing Mobile Infirmary's counsel, the court stated, "but once more I'll say if you want a new trial; you don't, right?" to which counsel replied, "Correct." The trial judge kept the option open, however, by stating immediately thereafter, "if you want a new trial and you feel uncertain, we'll do it August 26, the week thereof."
In its briefs filed with this Court, Mobile Infirmary likewise urges only that the judgment be reversed and a judgment rendered in its favor, or that there be a remittitur of the verdict.
In the parts of the opinion preceding Part V, this Court denies all the relief sought by Mobile Infirmary. The opinion then proceeds to state that in cases involving the need to ascertain the amount of compensatory damages that could have been awarded, even though not specified in the verdict, in the context of the admissibility of collateral-source evidence pursuant to § 6-5-545, Ala. Code 1975, "a special interrogatory should be propounded to the jury ...." This special interrogatory would be in addition to "the form of verdict" required by Life Insurance Co. of Georgia v. Smith, 719 So. 2d 797, 807 (Ala. 1998), which "provide the jury with the opportunity to answer an interrogatory ...." An appropriate "example" of the form of verdict that would accomplish that purpose is set out in Smith as follows:
"FORM OF VERDICT
"Verdict for the Plaintiff
"1. Check One:
"( ) We find that the plaintiff is entitled to compensatory damages in the amount of $____________. (Here fix an amount other than zero).3
"( ) We find that the plaintiff is entitled to recover nominal damages only.
"2. Check One:
"( ) We find that the plaintiff is not entitled to recover punitive damages.
"( ) We find that the plaintiff is entitled to recover punitive damages in the amount of $____________.
"Verdict for the Defendant
"( ) We find the issues in favor of the defendant.
"3If the plaintiff previously has been made whole for harm or damage for which the defendant otherwise would have been liable, such as through a pro tanto settlement or a tender not part of an offer of compromise, thereby making an award of compensatory damages inappropriate, this option should be omitted from the form."
719 So. 2d at 807.
The statements in Smith that such a verdict form would be required in a case where only nominal damages were appropriate are contained in the part of that opinion designated as "III. The Alleged Inconsistency in the Jury Verdict." Only four Justices concurred in the full opinion, two concurred in the result, and none of the three dissenting Justices concurred as to Part III. Thus, Part III of that opinion had no precedential value, before today. Presumably the "special interrogatory" the main opinion mandates in the context of cases where collateral-source evidence is presented to the jury pursuant to either § 6-5-545 or § 12-21-45, Ala. Code 1975, could appropriately be inserted in the verdict form as follows:
"FORM OF VERDICT
"Verdict for the Plaintiff
"1. Check One:
"( ) We find that the plaintiff is entitled to compensatory damages in the amount of $____________. (Here fix an amount other than zero).3
"( ) We find that the plaintiff is entitled to recover nominal damages only.
"( ) Although we award only nominal damages, we do so because that plaintiff's medical or hospital expenses have been or will be paid or reimbursed; but for that evidence, we wou
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Alabama Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|